Residential Tenancies Act 1997
Version No. 083
Residential Tenancies Act1997
No. 109 of 1997
Version incorporating amendments as at
25 November 2017
table of provisions
Section Page
xxiv
Section Page
Part 1—Preliminary 1
Division 1—Introductory provisions 1
1 Purposes 1
2 Commencement 2
3 Definitions 2
4 Act binds the Crown 20
Division 2—Application of Act to tenancy agreements, rooming houses and site agreements 20
Subdivision 1—Application to tenancy agreements 20
5 Application of Act to assignees and transferees 20
6 Tenancy agreements exceeding 5 years 21
7 Premises used primarily as a residence 22
8 Premises connected to premises used for trade or business 22
9 Principal place of residence 22
10 Premises used for holidays 22
11 Farming and grazing 23
12 Contracts of employment 23
13 Contracts of sale or mortgages 23
14 Prescribed premises and prescribed tenancy agreements 23
15 Certain provisions not to apply to tenancy agreements 24
Subdivision 2—Application to rooming houses 24
17 Room used by owner or owner's family or employees 24
18 Self-contained apartments 24
19 Minister may declare building to be a rooming house 25
Subdivision 3—Application to tenancy agreementsand rooming houses 25
20 Hotels and motels 25
21 Educational institutions 26
22 Temporary crisis accommodation 27
23 Health or residential services 27
Subdivision 4—Application to site agreements 27
23A Application of Act to assignees and transferees 27
23B Site agreements exceeding 5 years 28
23C Part 4A site used under contract of employment 28
23D Part 4A site used primarily as a residence 28
23E Part 4A site used for holidays 28
23F Prescribed Part 4A sites and prescribed site agreements 28
23G Certain provisions not to apply to site agreements 29
Division 3—Exemptions by Tribunal 29
24 Application for exemption 29
25 Order of Tribunal 29
Part 2—Residential tenancies—tenancyagreements 31
Division 1—General requirements for tenancyagreements 31
26 Tenancy agreements to be in standard form 31
27 Invalid terms 31
28 Harsh and unconscionable terms 32
29 Copy of agreement to be made available to tenant 32
30 Tenants with children 33
Division 2—Bonds 34
31 What is the maximum bond? 34
32 Application to increase maximum amount of bond 35
33 Tribunal may determine maximum bond 35
34 Not more than 1 bond is payable in respect of continuous occupation 35
35 Condition report 36
36 Condition report is evidence of state of repair 36
37 Certain guarantees prohibited 37
38 Maximum amount of certain guarantees 37
Division 3—Rents 37
39 Accrual of rent 37
40 Limit on rent in advance 38
41 Rent in advance under weekly tenancy agreement 38
42 Where and how is rent to be paid? 38
43 Receipts for rent 39
44 How much notice of rent increase is required? 40
45 Tenant may complain to Director about excessive rent 41
46 Application to Tribunal about excessive rent 41
47 What can the Tribunal order? 42
48 Tribunal can order refund of rent 44
49 Tenant's goods not to be taken for rent 45
Division 4—Other charges 45
50 Application and holding deposits 45
51 Certain charges prohibited 45
52 Tenant's liability for various utility charges 46
53 Landlord's liability for various utility charges 47
54 Landlord's liability for charges for supply to noncomplying appliances 48
55 Reimbursement 48
56 Landlord must not seek overpayment for utility charge 49
57 Director of Housing may impose service charge 49
58 Indemnity for taxes and rates 50
Division 5—General duties of tenants and landlords 50
59 Tenant must not use premises for illegal purpose 50
60 Tenant must not cause nuisance or interference 50
61 Tenant must avoid damage to premises or common areas 51
62 Tenant must give notice of damage 51
63 Tenant must keep rented premises clean 51
64 Tenant must not install fixtures etc. without consent 51
65 Landlord's duty in relation to provision of premises 52
66 Landlord must give tenant certain information 52
67 Quiet enjoyment 54
68 Landlord's duty to maintain premises 54
69 Landlord must ensure rating compliance for replacement water appliances 54
70 Locks 54
70A Locks for rented premises the subject of an intervention order 55
71 Application to Tribunal to change locks without consent 58
Division 6—Repairs and maintenance 58
72 Urgent repairs 58
73 Application to Tribunal for urgent repairs 59
74 Application to Director to investigate need for nonurgent repairs 60
75 Application to Tribunal for non-urgent repairs 60
76 What can the Tribunal order? 61
77 Payment of rent into Rent Special Account 61
78 Landlord may give tenant repair notice 62
79 Landlord may do repairs and tenant liable for costs 63
80 Declaration under Housing Act 1983 that house unfit for habitation 63
Division 7—Assignment and sub-letting 64
81 Assignment and sub-letting by a tenant 64
82 Tenant may apply to Tribunal 64
83 Director of Housing may withhold consent in certain circumstances 64
84 Landlord cannot ask for fee for giving consent 65
Division 8—Rights of entry 65
85 Entry of rented premises 65
86 Grounds for entry of rented premises 66
87 Manner of entry 67
88 What must be in a notice of entry? 67
89 Tenant has duty to permit entry 68
90 What if damage is caused during entry? 68
91 What if a person exercising right of entry fails to comply with Division? 68
91A Offence relating to entering rented premises 69
Part 3—Rooming houses—Residency rightsand duties 70
Division 1—Residency rights 70
92 Residency right 70
92A Exclusive occupancy right 70
92B Shared room right 71
92C Notice to resident of residency right 71
93 Rights cannot be assigned 72
94 Power to enter tenancy agreements or other agreements 72
94A Harsh and unconscionable terms 73
Division 1A—Shared room rights 74
94B Consent required for increase in room capacity 74
94C Notice of increase in room capacity 74
94D Consent of resident to increased room capacity 76
Division 2—Bonds 77
95 Payment of bond 77
96 What is the maximum bond? 77
97 Condition report 77
98 Condition report is evidence of state of repair 78
Division 3—Rent 78
99 Limit on rent in advance 78
100 Receipts for rent 78
101 How much notice of rent increase is required? 80
102 Resident may complain to Director about excessive rent 81
102A Director may investigate rent without application by resident 82
103 Application to Tribunal about excessive rent 82
104 What can the Tribunal order? 83
105 Payment of increased rent pending Tribunal decision 85
106 Rent must be reduced if services are reduced 86
106A Rent must be reduced if room capacity increased 86
107 Resident's goods not to be taken for rent 86
Division 4—Other charges 87
108 Separately metered rooms 87
109 Schedule of services provided to be given to resident 87
109A Director of Housing may impose service charge on resident 87
Division 5—General duties of residents and rooming house owners 88
110 Resident's use of room 88
111 Resident must not use room for illegal purposes 88
112 Resident's duty to pay rent 88
113 Quiet enjoyment—resident's duty 89
114 Resident must keep room in clean condition 89
115 Resident must not install fixtures without consent 89
116 Resident must notify owner of and compensate for damage 90
117 Resident must not keep pet without consent 90
118 Resident must give key to owner 90
119 Resident must observe house rules 90
120 Rooming house owner must keep room and house in good repair 90
120A Rooming house owner must comply with rooming house standards 91
121 Rooming house owner must provide access 91
122 Quiet enjoyment—rooming house owner's duty 91
123 Security 92
124 Display of statement of rights and house rules 92
125 Owner to give additional information 92
126 House rules 93
127 Duties relating to house rules 94
128 What if house rules are thought to be unreasonable? 94
Division 6—Repairs 94
129 Urgent repairs 94
130 Application to Tribunal for urgent repairs 95
131 Application to Director to investigate need for nonurgent repairs 96
131A Director may investigate rooming house without application by resident 96
132 Application to Tribunal for non-urgent repairs 97
133 What can the Tribunal order? 98
134 Payment of rent into Rent Special Account 99
135 Repair provisions not applicable to certain damage 99
Division 7—Rights of entry 100
136 Access to room 100
137 Grounds for entry of a room 100
138 Manner of entry 101
139 What must be in a notice of entry? 101
140 Resident has duty to permit entry 102
141 What if damage is caused during entry? 102
142 What if a person exercising right of entry fails to comply with Division? 102
142A Offence relating to entering room occupied by resident 103
Division 8—Standards 103
142B Standards for rooming houses etc. 103
142BA Records of gas and electrical safety checks 104
142C Regulations for rooming houses 104
Division 9—Rooming House Register 106
142D Unregistered rooming house 106
142E Establishment of Rooming House Register 106
142F Information to be included in Rooming House Register 107
142G Compilation of information for inclusion in Rooming House Register 109
142H Form of Rooming House Register 110
142I Rooming House Register—Access and amendment 110
142J Inspection of Rooming House Register 110
142K Restriction on access to personal information 111
142L Rights of review 113
Part 4—Caravan parks and movable dwellings—Residency rights and duties 114
Division 1AA—Application of Part 114
143AA Application of Part to caravan parks and movable dwellings 114
Division 1—Residency rights 114
143 Residency right 114
144 Agreements 115
144A Harsh and unconscionable terms 115
145 Caravan park owner to notify prospective resident of rights 116
Division 2—Bonds 116
146 Payment of bond 116
147 What is the maximum bond? 117
148 Condition report 117
149 Condition report is evidence of state of repair 117
Division 3—Rents and hiring charges 118
150 Limit on rent or hiring charge in advance 118
151 Receipts for rent or hiring charge 118
152 How much notice is required of rent or hiring charge increase? 120
153 Resident may complain to Director about excessive rent or hiringcharge 121
154 Application to Tribunal about excessive rent or hiring charge 121
155 What can the Tribunal order? 122
156 Payment of increased rent or hiring charge pending Tribunal decision 124
157 Additional rent 124
158 Additional hiring charge 125
159 Rent must be reduced if services are reduced 125
160 Resident's goods not to be taken for rent or hiring charges 126
Division 4—Other charges 126
161 Fee for supply of key 126
162 Resident's liability for electricity, gas and water charges 126
163 Caravan park owner's liability for electricity, gas and water charges 126
164 Owner's responsibility for charges for supply to non-complying appliances 127
165 Reimbursement 127
166 Owner must not seek overpayment for utility charges 128
Division 5—General duties of residents, caravan park owners and caravan owners 128
167 Resident's use of site 128
168 Resident must not use site for illegal purposes 129
169 Resident's duty to pay rent and hiring charge 129
170 Quiet enjoyment—resident's duty 129
171 Resident must keep site clean 129
172 Resident must not erect structures 129
173 Resident must notify owner of and compensate for damage 130
174 Number of persons residing on site 130
175 Resident must observe caravan park rules 130
176 Caravan park owner must provide access 130
177 Quiet enjoyment—caravan park owner's duty 131
178 Caravan park owner must keep park etc. clean 131
179 Duty of caravan park owner to maintain communal areas 131
180 Maintenance and repair of caravans 131
181 Owner must ensure water efficient appliances installed 132
182 Statement of rights and copy of park rules 132
183 Statement of scale of certain charges, fees and commissions 132
184 Owner to give additional information 133
185 Caravan park rules 134
186 Duties relating to caravan park rules 134
187 What if the caravan park rules are thought to be unreasonable? 135
Division 6—Repairs 136
188 Urgent repairs to caravans 136
189 Application to Tribunal for urgent repairs 137
190 Application to Director to investigate need for non-urgent repairs 137
191 Application to Tribunal for non-urgent repairs 138
192 What can the Tribunal order? 139
193 Payment of hiring charge into Rent Special Account 139
194 Repair provisions not applicable to certain damage 140
Division 7—Transfer of rights and sale of caravans and movable dwellings 140
195 Transfer of residency right 140
196 What if the caravan park owner unreasonably withholds consentto transfer? 141
197 Owner must not charge fee for transfer of resident's rights 142
198 Sale of caravan 142
Division 8—Rights of entry 142
199 Entry of caravan by caravan park owner 142
200 Entry of caravan by caravan owner 143
201 Grounds for entry of caravan or site 143
202 Manner of entry 144
203 What must be in a notice of entry? 144
204 Resident has duty to permit entry 145
205 What if damage is caused during entry? 145
206 What if a person exercising right of entry fails to comply with Division? 145
206A Offence relating to entering a site or caravan occupied by aresident 146
Part 4A—Site agreements and site–tenant owned dwellings 147
Division 1—General requirements for siteagreements 147
206B Rights of site tenants 147
206C Part 4A dwelling not a fixture 147
206D Crown land 147
206E Site agreements to be in writing 147
206F Terms of site agreement 148
206G Harsh and unconscionable terms 148
206H Minimum terms for site agreements in new parks 149
206I Site agreement consideration period 149
206J Cooling off period 150
206JA Cooling off period—Part 4A dwelling purchase agreement 150
Division 2—Bonds 152
206K What is the maximum bond? 152
206L Application to increase maximum amount of bond 153
206M Tribunal may determine maximum bond 153
206N Not more than one bond is payable in respect of continuous occupation 153
206O Condition report 154
206P Condition report is evidence of state of repair 154